“What was going on in the person’s mind at the time of the shooting, [not] what they found out after the fact” is key, said Houston area prosecutor Warren Diepraam . “They’re looking at what he was thinking when he made the decision to shoot.”

As previously reports by NewsOne, the unarmed McCormick was discovered around 2:30 a.m. after the girl’s younger brother noticed two feet sticking from underneath his sister’s bed and went to tell his father.

The father, who has not been identified, grabbed his gun and ran to his daughter’s room where he confronted who he thought was an intruder.

The girl initially lied and said that she did not know McCormick. The father and the teen argued and when it appeared that the boy was reaching for a gun, the father shot him.

McCormick died at the scene.

His distraught mother, Zakia McCormick, is allegedly hoping that the girl’s father is charged with murder.

“If you take a life, you give your life,” Zakia McCormick said the Houston Chronicle. “We’re suffering. Why isn’t he suffering too?”

“I wish the father could have asked more questions, he could have picked up the phone,” said Shawn Curley, the teen’s father. “And for her to say she didn’t know who he was, that was most hurtful.”

McCormick was shot in the head.

At the time of his death, his parents both believed that he was in New Orleans for Spring Break and had no idea that he had returned.

“For him to be in someone else’s house at 2:30 in the morning is shocking to us,” Curley said. ”Every day one of us would tell him, ‘Don’t go by no little girl’s house if her parents don’t know you.’ “

The 55-year-old father suffered panic attacks after the shooting and was rushed to the hospital.